Sharpunissa Moinuddin Khan v. Municipal Corporation Of Greater Mumbai

905-ia-3404-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.04.06 09:45:38 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO.3404 OF 2023 IN FIRST APPEAL NO.283 OF 2023 IN L.C. SUIT NO.4072 OF 2003 Sharpunissa Moinuddin Khan & Anr.

...Applicants

Versus

Municipal Corporation of Greater Mumbai & Anr. ...Respondents Mr. Altaf Khan a/w. Mr. Shamsher Ahmed Shaikh, for the Applicants.

Mr. Santosh Parad, for Respondent No.1-MCGM.

CORAM : MADHAV J. JAMDAR, J.

DATED : 5th APRIL 2023 P.C. :

1.

Learned Single Judge by order dated 23rd February 2023 disposed of the First Appeal as withdrawn with liberty to the Appellants to adopt appropriate proceedings as are available in law and directed continuation of interim relief for a period of six weeks, which expires today.

2.

In the Interim Application, the prayer is to direct the 1/2

905-ia-3404-2023.doc Sonali Registry to return the original documents and to continue interim relief for reasonable period.

3.

As the First Appeal is arising out of the Judgment and Decree dated 7th February 2013 passed by the learned Judge, City Civil Court, Mumbai in L.C. Suit No.4072 of 2003, the record of L.C. Suit No.4072 of 2003 be transmitted to the Bombay City Civil Court at Bombay within a period of two weeks from today.

4.

The Appellants are at liberty to apply to the learned Judge, City Civil Court, Mumbai for return of the documents and the same be done in accordance with applicable rules and regulations, expeditiously.

5.

The interim relief protecting the structure of the Appellant as continued by order dated 23rd February 2023 shall remain in operation till 30th June 2023. 6.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2